I have filed my I-485, EAD, and AP thru my employer (consulting company) in EB3 category. I have received my EAD and AP but i havent invoked AC21.

I also have approved labor (PD--01/2006), and approved I-140 in EB2 category thru my client's company.

Since, EB3 category is not going anywhere, I am thinking of filing another I-485 thru my client in EB2 category.

1) Is it possible for me to file second I-485 in EB2 category while first I-485 is waiting for approval?

2) Can i port my EB3 PD (12/2003) while filing 2nd I-485 thru client?

Thanks in advance!!!

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rajsand

09-25 11:18 AM

WHICH CONGRESSMEN DID YOU CONTACT & WHO GAVE REPLIES. THIS THREAD WOULD BE HELPFUL FOR OTHERS TO CONTACT CONGRESSMEN AND ENCOURAGE MORE TO DO SO. If contacted local senators/congressmen , please mention which state they are from. Just names will do.. no contact info required.

thanks

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smuggymba

01-16 11:12 PM

The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.

March I applied H4 for my wife. It's still pending. She is travelling to India next month and will be back only Feb. Currently she is having valid AP till next yr and we are planning to use AP this time. If you are applying H4 not along with H1 then it'll take longer time, but you can get H4 stamping in India with your husband�s valid H1 document. You don't need to have H4 document for your stamping. One of my friend�s wife similar to your situation got stamping in India without H4 document.

I had a friend in the same situation. Had H1 and EAD. He worked halftime for two years to finish his MBA. Now went back to fulltime H1. I think your company has to approve it and yes he filed ammendment.

Thanks for the info. I am in the process of asking for approval from my company and I don't anticipate major problems. So far other than H1b amendment I don't see any other actions I need to take. If anybody can think of anything else please reply to this post.

Thanks for the quick response. Isn't the GC process independent of what you do now. It is petition for future employment. That is, at the time of adjudication, the employer should still be willing to offer the same position to me or the current employer should provide a letter indicating the responsibilites in the current job are the same as in the original petition. If I take another job on H-1B, how does the AC21 rule come into play when I am not on EAD?

Also, if there any rule that you have to stay in the current job responsibilities for 6 months after getting GC?

My GC is under process and I am using my EAD. Due to a family emergency, I may need to go to India for a longer period of time. Right now, I dont see any option but to resign from my current job and move to India. But I do not want to risk my GC process either. What can I do in this situation? Please advise.

I do not want to renew the advanced payroll, since I do not foresee travel within the next 18 months overseas. Is there a way I can skip the renewal this time around (1-year extension) and renew it the next time? If there is an emergency, I can still go to India and have the Visa-stamped since we have a valid H1/H4 right? Are there any risks here?

For me EB3 PD date doesn't mean anything because EB2 PD is current. I believed you may retain your PD if you got your I-140 approved.

do you know if you can retain your PD from your eb3 application for your new application..

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neoneo

04-14 02:10 AM

One more day gone. A few more to go. Really what more can you do ? You can't do beyond a point. The best suggestion would be to get more PEOPLE knowledgeable about this issue. The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.

Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.

MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.

pmat

02-01 08:55 AM

It is better and more meaningful to do yearly predictions rather than monthly predictions. This way, we will waste less time and atleast see the dates moving by a few days.

I have stopped looking at these bulletins now.

smisachu

09-04 05:16 PM

If the company is moving within the same county then no issues.

If it's moving to a different state (or) to a different county within the same state, then refer the following thread

http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7

Remember, the prevailing wage differs from county to county even within the same state.

How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved. Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.